We see many different types of work accidents, from tripping accidents, accidents involving harmful substances, lifting/carrying accidents, accidents involving equipment or machinery etc. If you have sustained injury because there were no guards on a machine which you were using, then at face value it is likely that you have a genuine claim. Machinery should be safe and this means it should be regularly checked and maintained. If a guard has come off of a machine and has not been replaced, it is more dangerous and injury is foreseeable.
Modern machinery often have guards to prevent injury to hands. Indeed even on equipment you use in the garden such as hedge trimmers, there are guards in which your hands should not go beyond. With works machinery, we could be talking about large industrial machines so the potential injury could be very serious. If you catch you hand in a machine, we could be looking at loss of fingers or loss of the hand. The potential injury and potential effect on a victim’s life is significant.
If you sustain injury at work then you may be entitled to claim compensation. There can be a reluctance to claim against your employer or even a former employer. Whilst this is understandable, it is your right to make a claim if you have been injured through your employer’s negligence. Whether or not to make a claim is always your decision. However you should note that the right to claim is not open indefinitely. After a work accident, you normally have three years from the date of the accident in which to either settle your claim or issue court proceedings. If the claim is not settled within this time-frame and court proceedings are not issued, then you may lose your right to claim compensation.
Equally, I would not recommend waiting until the last few months of the three year period before seeking advice. Claims take time and in my experience if you are bringing a claim it is better to bring it as soon as possible following an accident. This is because if you bring a claim later on you may have fully recovered and obtaining evidence may not be as straight forward.
Your employer is under a duty to keep you safe and free from harm whilst at work. This duty means that machinery should be reasonably safe such as with guards to prevent injury. Machinery needs to be maintained and checked regularly. Any defects or problems with the machinery need to be rectified, or the machinery needs to be put out of use until any problems are rectified. If you have sustained such an injury, contact The Injury Lawyers for free no obligation advice. We deal solely with personal injury claims.
